Terms & Conditions

Terms & Conditions

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

Terms of Use

By using http://www.liuaustralia.com.au (the "Site"), you acknowledge that you have reviewed, and agree to be bound by, the following terms of use. If you do not agree to these terms of use, do not use this Site.
 
This Site is owned and operated by Liberty International Underwriters ("Liberty"), (the liability of members is limited), which is a trading name of Liberty Mutual Insurance Company, Incorporated in Massachusetts, USA. Liberty is a member of Boston-based Liberty Mutual Group. Liberty operates in Australia as a branch and is authorised by the Australian Prudential Regulation Authority (APRA) to write general insurance business in Australia. 
 
The expressions "we", "us", "our" and "ours" when used herein mean Liberty.  The expressions "you", "your" and "yours" when used herein include any company or business with which you are associated and on behalf of which you use this Site.
 
We reserve the right to change these terms of use at any time.  Amendments will take effect when posted on the Site.
 

Introduction

This Site provides users with access to an online collection of information and materials. These materials may include insurance applications and policy forms and other information related to certain insurance products and services ("Products and Services") offered by providers of insurance and insurance-related services operating within Liberty. The Site also contains text, pictures, graphics, logos, button items, images, works of authorship, and other information (collectively, "Content"), and may provide access to certain proprietary software used in connection with navigating and utilising the functionality offered through this Site ("Software").

 

No Offer to Sell / Solicitation

The Information contained herein is not intended to constitute an offer to sell or a solicitation in connection with any product or service. Product descriptions are provided only as a basic outline of the products and services available from Liberty and are not intended to be comprehensive. Detailed information on any product or service is available upon request. For coverage specifically applicable to your business please contact your licensed insurance broker.
 

Insurance

All insurance is subject to the full terms, conditions, limitations and exclusions contained in the policy provided when the insurance is issued.The insurance products shown on this site are underwritten by Liberty.
 

Warranty Disclaimer

The information contained in this Site is provided for general information purposes, and must not be used or reproduced for commercial purposes. To the extent permitted under applicable law, this Site is provided "as is" and "as available" and without warranties of any kind. To the fullest extent permissible under applicable law, Liberty specifically disclaims all warranties, directly or indirectly, arising from or in connection with services provided on, or accessible from this Site, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. If, under applicable law, Liberty is not permitted to exclude such provisions but is entitled to limit its liability, then Liberty limits its liability to the maximum extent permitted under applicable law.
 
Liberty makes no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this Site or the content or services provided on, or accessible from, this Site. Liberty does not warrant that the operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components.
 
Liberty assumes no responsibility, and shall not be liable for, any damages to your computer equipment or other property as a result of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site or arising in connection with any failure of performance, error, omission, interruption, defect, computer virus, delay in operation or transmission, or line or system failure.
 

Ownership & Restrictions

Information submitted via this Site – With the exception of any personal data or information you submit (which shall be maintained in accordance with our Site’s Privacy Policy, or except as may be otherwise stated, any information you transmit to Liberty via this Site, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Liberty. Such information may be used for any purpose for which Liberty may use such information, subject to applicable law and regulation. However, nothing in these terms of use shall be deemed to amend or conflict with any provision in an agreement relating to your ownership of customer lists or customer data.    

 

Internet Portals for Liberty Business – Liberty may utilise internet portals specifically designed to allow you to submit information that Liberty will utilise to issue an insurance quote to you or your client. By submitting such information, you represent that the information is true and correct to the best of your knowledge, information and belief, after performing due diligence. Liberty may utilise the information provided by you to develop a quote, estimate or indication, if Liberty decides to do so in its discretion. Liberty may also utilise the information in its normal course of issuing insurance policies and providing related services. Liberty’s work product developed from such information, including but not limited to quotes, estimates, applications, binders and policies, is the sole property of Liberty.  

 

Proprietary Software – Any Software accessible through this Site is the property of Liberty. Any use of the Software by you other than as required to navigate and to utilise the intended functionality offered through this Site is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Services or Content by any means other than the interface provided by Liberty through this Site for your use in accessing the Content.

 

Prohibited Use – The following is prohibited: any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) to interfere with any other party's use and enjoyment of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Liberty to be made accessible to a user, or (vi) to obtain any materials or information through any means not intentionally made available by Liberty, or (vii) for any use other than the business purpose for which it was intended.

In addition, in connection with your use of the Site, you agree you will not:

a) Upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable, or that may invade another's right of privacy or publicity;

b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Liberty representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) Upload or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as non-disclosure agreements);

d) Upload or introduce files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

g) Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;

h) Violate any applicable local, state, national or international law;

i) Upload or transmit any Material that infringes any intellectual property or other proprietary rights of any party;

j) Delete or revise any Material posted by any other person or entity;

k) Manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage,  in accordance with Site access provisions outlined above;

l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Product or Service if you are not expressly authorized by such party to do so, or

m) Harvest or otherwise collect information about others, including e-mail addresses.
 
 

Limitation of Liability

To the fullest extent permitted under applicable law, in no event will Liberty or its related companies and associated entities be liable for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use this Site (or the content or services provided on, or accessible from, this Site), or otherwise, even if Liberty has been advised on the possibility of such damages. Neither Liberty, nor its related companies, will be liable for the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, or suitability of the content or services provided on, or accessible from, this Site.
 
You will indemnify Liberty and keep it fully indemnified against all liabilities, losses, actions, claims, proceedings, costs and damages (including any damages or compensation paid by Liberty on the advice of its legal advisers to compromise or settle any claim) and all legal costs or other expenses arising from your breach of these terms of use or out of any claim by a third party based on any facts which if substantiated would constitute such a breach.
 

Links

Within this Site, you may see links or references to other web sites. When you click on one of those links, you may be transferred to another web site that is not under Liberty's control. Liberty does not endorse, and is not responsible for, the content (including software downloads), performance, accessibility, and privacy practices of any web sites linked to this Site. Liberty encourages you to read the copyright, privacy and other legal statements of these linked web sites as their policies may differ from ours. You are solely responsible for any interactions you may have with such web sites.
 
Links to this Site should not be made without the permission of Liberty. Please direct your linking request to: AsiaPacific@libertyglobalgroup.com.
 

Changes and Availability

The information on this Site has been compiled from a variety of sources and is subject to change without notice. Like other web sites, this Site may be temporarily unavailable from time to time due to mechanical, telecommunication, software, hardware, and third-party vendor failures. Liberty cannot predict or control when such down time may occur and cannot control the duration of such down time. Liberty may, at its discretion, modify or discontinue any of the Products and Services, Content or Software, or any portion thereof, with or without notice. Neither Liberty nor its affiliates will be liable to you or any third party for any modification or discontinuance of any of the Products and Services, Content or Software.
 

Electronic Communications

 

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Right to Monitor

Liberty reserves the right to monitor all activity on this Site and to notify the proper law enforcement officials if any suspicious activity is detected. The ways that we monitor this Site is explained in the Privacy Policy. Liberty neither actively monitors general use of this Site under normal circumstances nor exercises editorial control over the content of any third party's web site, electronic mail transmission, news group, or other material created or accessible over or through this Site. However, Liberty does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Liberty’s sole discretion, may be illegal, may subject Liberty to liability, may violate these terms of use, or are, in the sole discretion of Liberty, inconsistent with Liberty’s purpose for this Site.
 

Governing Law and Forum

These terms of use shall be governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to any principles of conflicts of law. If any provision of these terms of use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. Any controversy or dispute will be submitted, and by using this Site you are deemed irrevocably to consent, to the personal jurisdiction of the courts of New South Wales, Australia.
 
No failure or delay by Liberty in exercising any right or remedy provided by law under or pursuant to these terms of use shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude our exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.  Liberty’s rights and remedies under or pursuant to these terms of use are cumulative, may be exercised as often as Liberty considers appropriate and are in addition to Liberty’s rights and remedies under general law.
 

Privacy

Your use of this Site is also subject to the terms of this Site's Privacy Policy. The Privacy Policy explains how we may collect, use and disclose any information that you may provide to us via this Site. If you have any enquiries, concerns or complaints about your privacy rights, the information practices of this Site, potential breaches, access to and correction of your personal information we hold, or other privacy matters related to this Site, please direct them to Liberty’s Privacy Officer, at privacy.officer.ap@libertyglobalgroup.com.
 

Disclaimer

 

Information contained on this Web Site has been prepared by Liberty as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Liberty has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this Site or any other web site maintained by Liberty.

 

Entire Agreement

 

These terms of use, the Liberty Privacy Policy,   and other policies Liberty may post on this Site constitute the entire agreement between Liberty and you in connection with your use of this Site and the Content, and Software, and supersedes any prior agreements between Liberty and you regarding use of this Site, including prior versions of these terms of use.

 

Copyright and Trademark Information

All textual, graphical, and other content ("Content") appearing on this Site is the property of Liberty, its related companies, or their respective licensors. All copyrights and other intellectual property rights in the Content of this Site are reserved to Liberty and its licensors. The Site and its Content are provided for lawful purposes only.
 
You may use the Site's Content only as Liberty expressly permits. None of the Content on this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that (1) you are permitted to print one copy only of each page of this Site solely to facilitate your making contact with members of the Liberty Mutual Group and (2) authorised insurance brokers may use the Site's Content for their internal business purposes. Any copying or other unauthorised use of the Site's Content other than as expressly permitted by Liberty is a violation of these Terms of Use and will infringe the rights of Liberty and its licensors under international treaty and Australian law.
 
Liberty International Underwriters Device, Liberty Mutual and Device, Liberty and LIU, including the trademarks set out below, are all registered trademarks of Liberty Mutual Insurance Company. All brand, product, service, and process names appearing on this Site are trademarks of Liberty, its related companies, or as otherwise expressly specified. Reference to or use of a brand, product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that brand, product, service, or process by Liberty. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any licence or right under any patent, copyright, trademark, or other intellectual property right of Liberty or any third party, except as expressly granted herein.
 

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